Home/Case Law/COMELICA HERNANDEZ vs. OPTIMUS EMPLOYER SERVICES, TRISTAR RISK MANAGEMENT
Regular DecisionRegular Panel Decision

COMELICA HERNANDEZ vs. OPTIMUS EMPLOYER SERVICES, TRISTAR RISK MANAGEMENT

Filed: Jan 30, 2012
Long Beach
ADJ7301665

CompFox AI Summary

The applicant sought reconsideration of an order dismissing her workers' compensation case without prejudice. She argued the dismissal was erroneous because she had objected and was now ready to proceed, asserting a due process right to a hearing. However, the Appeals Board dismissed her petition, finding it was filed untimely. The deadline to file a petition for reconsideration from a mailed order is 25 days, and the applicant's filing exceeded this jurisdictional limit.

Full Decision Text1 Pages

The applicant sought reconsideration of an order dismissing her workers' compensation case without prejudice. She argued the dismissal was erroneous because she had objected and was now ready to proceed, asserting a due process right to a hearing. However, the Appeals Board dismissed her petition, finding it was filed untimely. The deadline to file a petition for reconsideration from a mailed order is 25 days, and the applicant's filing exceeded this jurisdictional limit.

Read the full decision

Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

COMELICA HERNANDEZ vs. OPTIMUS EMPLOYER SERVICES, TRISTAR RISK MANAGEMENT (2012) – Long Beach | CompFox